US Lists Four Key Fields for Tech Export Control

·         Quantum Computing Items

·         Advanced Semiconductor Manufacturing Equipment

·         Gate All-Around Field-Effect Transistor Technology

·         Additive Manufacturing Items

[ABS News Service/06.09.2024]

The Commerce Department’s Bureau of Industry and Security published an interim final rule yesterday implementing controls on critical and emerging technologies that aligns with those of US allies.

The rule includes controls related to quantum computing, semiconductor manufacturing and other advanced technologies.

“Today’s action ensures our national export controls keep step with rapidly evolving technologies and are more effective when we work in concert with international partners,” Commerce Undersecretary Alan Estevez said.

“Aligning our controls on quantum and other advanced technologies makes it significantly more difficult for our adversaries to develop and deploy these technologies in ways that threaten our collective security.”

As critical technologies with military applications continue to emerge and evolve, there is an increased need to regulate their movement to ensure these items are not used for purposes contrary to US national security or foreign policy, according to Commerce.

In the new rule, BIS is implementing worldwide export controls on specific types of items, including:

·         Quantum Computing Items: quantum computers, related equipment, components, materials, software and technology that can be used in the development and maintenance of quantum computers.

·         Advanced Semiconductor Manufacturing Equipment: tools and machines that are essential for the production of advanced semiconductor devices.

·         Gate All-Around Field-Effect Transistor Technology: technology that produces or develops high-performance computing chips that can be used in supercomputers.

·         Additive Manufacturing Items: Equipment, components and related technology and software designed to produce metal or metal alloy components.

Allies

Several US allies have already announced or implemented new national controls for export of items under their jurisdiction related to quantum computing and advanced semiconductor manufacturing. Commerce said it expects additional countries will implement similar controls soon.

The rule establishes a new License Exception Implemented Export Controls so that countries may meet the terms of IEC by implementing equivalent national controls which would eliminate the need to submit license applications for those items, thereby fostering innovation opportunities among implementing countries.

The rule also implements certain exclusion clauses for deemed exports and reexports to avoid disrupting the ongoing research and development of these critical and emerging technologies. BIS also has added a general license for deemed exports/reexports of certain technology/software, subject to annual reporting requirements, to provide the US government with necessary visibility and oversight for national security reasons. Additionally, there is a 60-day delayed compliance date for quantum items to certain destinations to allow for the submission of license applications and revisions to internal compliance procedures.